I don't see how. If they were convicted and pleaded guilty, Yet they do find the real killer, they can not leave the conviction as it stands. A judge will most certainly have to vacate those convictions.
I read your post and I know that you are an atty, But it seems to me that if someone else is finally caught and convicted, they would have to clear these guys for good.
Just as Ryan Ferguson's conviction was overturned and he was set free.
I've explained how. I'm sorry but that's the law. It doesn't matter if it's fair or right or whatever. It's the way it works.
Let me break it down:
The WM3 filed appeals.
Ryan Ferguson filed an appeal.
Ryan won his appeal. His conviction was overturned, the state decided not to retry him so he was released.
The WM3 lost their appeal. Their convictions were upheld. Then, they tried another avenue unique to Arkansas law - the possibility of exoneration, new trial, etc., via a motion for a new trial based on DNA evidence. They won that motion and were granted a new trial.
A new trial was set. Instead of proceeding to trial, however, the sides settled via the Alford plea. The WM3 gave up their right to trial. All mechanisms to overturn their convictions are now exhausted. there are no more mechanisms.
That does not mean they can't be exonerated, however, as there are other paths to exoneration, such as a pardon.
Honey, those are just the facts. They can't have their convictions overturned "Just as Ryan Ferguson's conviction was overturned", because these are different circumstances and they already appealed and lost. That's it. There are definite appellate rights and theirs are gone. That's over.
I'm trying to make it as clear as I can. Is everyone confused about this? If so, it's my fault. For me it's kind of straight forward once the mechanisms and procedures are explained but if I'm not communicating what's going on correctly, that's my fault and I can try to see if it can be explained another way.
Does it matter? Damien's written two books about his life story, Jason's done a series of public speaking engagements talking about their experiences and Jessie lives in a community where everybody knows who he is.
I don't think there was ever any question of the West Memphis 3 needing to "divulge" their background, its pretty common knowledge. And with the exception of Jessie maybe, I don't think it will hold them back in any way.
Yup. Agreed. It doesn't matter, IMO.